LAWS(DLH)-2023-7-27

SURESH SACHDEV Vs. GOVT OF NCT OF DELHI

Decided On July 12, 2023
Suresh Sachdev Appellant
V/S
GOVT OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The present petition under Sec. 276 of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act') seeks grant of probate/letters of administration of the 'Will' dtd. 25/9/1987 of late Shri Ramchand Satdev alias Sachdev (hereinafter referred to as 'the Testator').

(2.) It is claimed by the petitioner that the testator was ordinarily residing at O-25, Lajpat Nagar-2, New Delhi. He was blessed with three sons and three daughters and passed away on 1/5/1989. It is claimed that the 'Will' was executed by the testator at New Delhi in the presence of two attesting witnesses namely Shri Kumar Bhatia and Shri Arjan M Chablani. It is further claimed that this was last 'Will' and testament in respect of all his properties by the testator.

(3.) Out of the six children of the testator, two sons and two daughters have already expired and, therefore, their legal heirs have been arrayed as respondents alongwith the only surviving daughter. All the respondents have filed their no objection affidavits to the grant of letter of administration in favour of the petitioner. The details of the only immovable asset which is the subject of the 'Will' have been set out in para 3 of the petition and the same has been described as property bearing no. O-25, Lajpat Nagar-2, New Delhi, built on a plot measuring 200 sq. yards under a lease deed dtd. 18/9/1963 executed by the Land and Development Office, duly registered with the Sub Registrar on 30/9/1963.